The forecasts of consolidated balance sheets and consolidated statements of income and cash flow of the Borrower and its Subsidiaries which have been furnished to the Administrative Agent prior to the Closing Date have been prepared in good faith on the basis of the assumptions stated therein, which assumptions were believed to be reasonable at the time of preparation of such forecasts, it being understood that actual results may vary from such forecasts and that such variations may be material.
The production forecasts delivered under clauses 4.4 and 6.7, and the Production Forecasts under this clause, are only estimates. Actual production may vary based upon reservoir performance, variations in well deliverability and the composition of the produced substances, actions of the Government and other third parties, maintenance and repair obligations and
I understand and acknowledge that any projections, financial forecasts which may likely prove to be incorrect in view of the early stage of the Company’s development; and no assurance has been given to me that actual results will correspond in any meaningful way with the results contemplated by the various projections, financial forecasts or predictions; and
the delivery to the Restricted Forbearing [[Forbearing Lenders:Organization]] of an updated business plan that includes # a consolidated profit (and loss), balance sheet and cash flow, working capital, non-recurring items and liquidity forecasts for the Loan Parties and their consolidated Subsidiaries for the fiscal year ended December 31, 2020, which such consolidated financial forecasts shall be prepared on a month-by-month basis (or, in the case of the balance sheet, on a quarterly basis) and # a consolidated profit (and loss) for the fiscal year ended December 31, 2021, which such consolidated financial forecasts shall be prepared on a quarterly basis; and
Forecasted Financials. The Consolidated forecasted balance sheet, statements of income and cash flows of the and its Subsidiaries delivered pursuant to Section 4.01 or [Section 6.01] were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, it being recognized that the forecasts are not to be viewed as fact and that actual results during the period or periods covered by the forecasts may differ from the projected results and such differences may be material.
such forecasts or projections are as to future events and are not to be viewed as facts, # such
SECTION # Disclosure. None of the written reports, financial statements, certificates or other information (other than any projected financial information and forecasts and other than information of a general economic or industry specific nature) furnished by or on behalf of Holdings, the Borrower or any other Subsidiary to the Administrative Agent, the Arrangers or any Lender in connection with the negotiation of this Agreement or any other Loan Document, included herein or therein or furnished hereunder or thereunder (in each case, as modified or supplemented by other information so furnished), when taken as a whole and together with Holdings’ filings with the SEC, contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not materially misleading. The projections and forecasts furnished by or on behalf of Holdings, the Borrower or any other Subsidiary to the Administrative Agent, the Arrangers or any Lender in connection with this Agreement or any other Loan Document have been prepared in good faith based upon assumptions believed by Holdings, the Borrower or such other Subsidiary, as applicable, to be reasonable at the time made and at the time the related projected financial information or forecasts are so furnished (it being understood that # such projections and forecasts are as to future events and are not to be viewed as facts, # such projections and forecasts are subject to uncertainties and contingencies, many of which are beyond Holdings’, the Borrower’s or such other Subsidiary’s control, # no assurance can be given that any particular projected financial information or forecasts will be realized and # actual results during the period or periods covered by any such projections or forecasts may differ from the projected results and such differences may be material).
SECTION # Disclaimer Regarding Projections. Buyer may be in possession of certain projections and other forecasts regarding Seller, the Acquired Assets, the Assumed Liabilities and the Facility, including projected financial statements, cash flow items and other data of Seller and the Facility and certain business plan information of Seller and the Facility. Buyer acknowledges that there are substantial uncertainties inherent in attempting to make such projections and other forecasts and plans and accordingly are not relying on them, that Buyer is familiar with such uncertainties, that Buyer is taking full responsibility for making its own evaluation of the adequacy and accuracy of all projections and other forecasts and plans so furnished to it, and Buyer shall not have any claim against anyone with respect thereto. Accordingly, Buyer acknowledges that, without limiting the generality of Section 4.10, neither Seller nor any of its Affiliates, Representatives, agents or advisors has made any representation or warranty with respect to such projections and other forecasts and plans.
Borrowers and Guarantors shall furnish or cause to be furnished to Administrative Agent such budgets, forecasts, projections and other information respecting the Collateral and the business of Borrowers and Guarantors, as Administrative Agent may, from time to time, reasonably request. Subject to the terms of [Section 13.5] hereof, Administrative
“Projections” means all projections (including financial estimates, financial models, forecasts and other forward-looking information) furnished to the Lenders or the Administrative Agent by or on behalf of Holdings or any of the Subsidiaries on or prior to the Amendment No. 4 Effective Date in connection with the Transactions.
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